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13 - Effective Advocacy at the ICJ

from Part II - The ICJ and International Dispute Settlement

Published online by Cambridge University Press:  18 May 2023

By
Samuel Wordsworth KC  and
Kate Parlett
Edited by
Carlos Espósito  and
Kate Parlett
Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

The second part concludes with a chapter on effective advocacy before the ICJ, by Samuel Wordsworth QC and Kate Parlett. It examines both written and oral advocacy before the Court, with the fundamental objective of the advocate in all cases being to persuade, making it essential to consider what will be of most utility to the judges when they come to reach a decision on the case. They also emphasise the significant role the advocate has to play in the pre-litigation stage and in early procedural exchanges: she or he must bear in mind that they have a dual function of presenting the best case for the client to the Court, while also persuading the client as to the most effective way in which to do that.

Keywords

advocacywritten submissionsoral submissionshearingsargumentcounseladvocates
Type
Chapter
Information
The Cambridge Companion to the International Court of Justice , pp. 277 - 300
Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Crawford, J., ‘Advocacy before International Tribunals in State-to-State cases’, in Bishop, D. and Kehoe, E. G. (eds), The Art of Advocacy in International Arbitration (2nd edn, Juris, 2010) 303.Google Scholar
Crawford, J. and Pellet, A., ‘Anglo Saxon and Continental Approaches to Pleading Before the ICJ; Aspects des modes continentaux et Anglo-Saxons de plaidoiries devant la C.I.J.’ in Buffard, I. et al. (eds.), International Law between Universalism and Fragmentation, Festschrift in Honour of Gerhard Hafner (Martinus Nijhoff, 2008) 831.Google Scholar
Landau, T., ‘Dysfunctional Deliberations and Effective Advocacy’, in Menaker, A. (ed.), International Arbitration and the Rule of Law: Contribution and Conformity, ICCA Congress Series, Volume 19 (Kluwer, 2017) 285.Google Scholar
Wood, M. and Sthoeger, E., ‘The International Bar’ in Romano, C. P. R., Alter, K. J. and Shany, Y. (eds.), The Oxford Handbook of International Adjudication (Oxford University Press, 2014) 639.Google Scholar

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